[Congressional Record Volume 149, Number 39 (Tuesday, March 11, 2003)]
[Senate]
[Page S3499]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   NINTH CIRCUIT COURT SPLIT--S. 562

  Mr. BURNS. Mr. President, I rise today to join my colleagues in 
sponsoring S. 562, which will reorganize the Ninth Circuit Court of 
Appeals. I have been a long-time advocate of splitting this 
controversial court and my passion was further enflamed when a three-
judge panel of the Ninth Circuit ruled that the words ``under God'' in 
the Pledge of Allegiance are unconstitutional. I found this ruling 
appalling.
  In fact, I am also a cosponsor of S. Res. 71, which expressed support 
of the Pledge of Allegiance. This resolution unanimously passed the 
Senate on March 4. This resolution came as a result of the Ninth 
Circuit voting not to have the full court reconsider the earlier 
decision, which I believe was a mistake.
  The current Ninth Circuit encompasses nine States, two territories, 
and 14 million square miles. The current population is estimated at 45 
million people; however, the Census Bureau has estimated the population 
to grow to 63 million by the year 2010. In comparison, the circuit with 
the second highest population is the Sixth Circuit, which contains 29 
million people. The Ninth Circuit also seats the highest number of 
active judges with 28, whereas the Fifth Circuit has the second highest 
with 17. The average number of judges in each circuit, excluding the 
Ninth Circuit, is 12.6.
  The population served by the Ninth Circuit Court of Appeals needs a 
change. The liberal, frequently reversed decisions handed down by the 
Ninth Circuit do not fairly represent the views of my State and many of 
those in the surrounding region. About half of the judges on the Ninth 
Circuit are California based and, with all due respect, do not reflect 
the principles and values of those of us from Montana.
  The amount of time between filing and disposition on the Ninth 
Circuit is exorbitant. In 2001, the national average was 10.9 months, 
while the Ninth Circuit's average time was 15.8 months, nearly a 5-
month difference. From 1996 to 2001, the national average has increased 
by 0.5 months while the Ninth Circuit's average has increased by 1.5 
months.
  The size, unbalanced judgeships, high reversal record, and 
intracircuit conflicts of the Ninth Circuit, along with the past 
success of dividing the Fifth Circuit, endorse the notion of division. 
It was the intent of Congress to create regional courts based upon 
identity of population and the current Ninth Circuit Court simply does 
not reflect Montana's unique social, cultural, geographic or economic 
characteristics.
  This trend cannot continue. It is time to split the Ninth Circuit and 
I urge my colleagues to join me in supporting this reasonable, 
commonsense bill.

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